...so would it be possible for Microsoft to settle/lose a non-novel and obvious patent case just so that it would set precedent? (One that would hurt them a little but OSS a LOT)
If this could be done, wouldn't it validate the patent and allow the plaintiff to then go after Open Source Software? It would be a bit like the whole SCO fiasco again but only with the power of the courts behind them.
Thank goodness that in this enlightened age, no-one would collude and pull off something like that.